[House Report 118-575]
[From the U.S. Government Publishing Office]


118th Congress }                                             { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             { 118-575

======================================================================



 
               TRANSPARENCY IN REPORTING OF ADVERSARIAL  
                    CONTRIBUTIONS TO EDUCATION ACT

                                _______
                                

  July 5, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Ms. Foxx, from the Committee on Education and the Workforce,  
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 8649]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 8649) to ensure that parents are aware 
of foreign influence in their child's public school, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Transparency in Reporting of 
Adversarial Contributions to Education Act''.

SEC. 2. PARENTS' RIGHT TO KNOW ABOUT FOREIGN INFLUENCE.

  (a) In General.--Subpart 2 of part F of title VIII of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended 
by adding at the end the following:

``SEC. 8549D. PARENTS' RIGHT TO KNOW ABOUT FOREIGN INFLUENCE.

  ``(a) In General.--As a condition of receiving funds under this Act, 
a local educational agency shall ensure that each elementary school and 
each secondary school served by such agency provides to each parent of 
a child attending the school, at a minimum--
          ``(1) the right (in a manner consistent with copyright law) 
        to review, and make copies of free of cost, at least every four 
        weeks and not later than 30 days after submission of a written 
        request by the parent, any curricular material or professional 
        development material used at the school that was purchased, or 
        otherwise obtained, using funds received from the government of 
        a foreign country or a foreign entity of concern;
          ``(2) the right to know, by written response provided not 
        later than 30 days after submission of a written request by the 
        parent, how many personnel of the school are compensated, in 
        whole or in part, using funds received from the government of a 
        foreign country or a foreign entity of concern; and
          ``(3) the right to know, by written response provided not 
        later than 30 days after submission of a written request by the 
        parent, of--
                  ``(A) any donation received by the school or local 
                educational agency from a foreign country or a foreign 
                entity of concern;
                  ``(B) any agreement in writing (such as a contract or 
                memorandum of understanding) between the school or 
                local educational agency and a foreign country or a 
                foreign entity of concern; and
                  ``(C) any financial transaction between the school or 
                local educational agency and a foreign country or a 
                foreign entity of concern.
  ``(b) Donations, Agreements, and Financial Transactions.--The 
information described in subsection (a)(3) shall include, at minimum, 
the following:
          ``(1) The name of the foreign country or foreign entity of 
        concern.
          ``(2) In any case in which funds were received by the school 
        or local educational agency from a foreign country or a foreign 
        entity of concern--
                  ``(A) the amount of such funds; and
                  ``(B) any terms or conditions applicable to the 
                receipt of such funds.
  ``(c) Notice of Rights.--At the beginning of each school year, a 
local educational agency receiving funds under this Act shall ensure 
that each elementary school and each secondary school served by such 
agency posts on a publicly accessible website of the school or, if the 
school does not operate a website, widely disseminates to the public, a 
summary notice of the rights of parents described in subsections (a) 
and (b).
  ``(d) Notification of Requirements.--At the beginning of each school 
year, the Secretary shall notify State educational agencies about the 
requirements of this section. As a condition of receiving funds under 
this Act, State educational agencies shall, at the beginning of each 
school year, notify local educational agencies of the requirements of 
this section.
  ``(e) Definitions.--In this section:
          ``(1) The term `foreign country' means a foreign country or a 
        dependent territory or possession of a foreign country. Such 
        term does not include any of the outlying areas.
          ``(2) The term `foreign entity of concern' has the meaning 
        given such term in section 10612(a) of the Research and 
        Development, Competition, and Innovation Act (42 U.S.C. 
        19221(a)).''.
  (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by inserting 
after the item relating to section 8549C the following:

``Sec. 8549D. Parents' right to know about foreign influence.''.

                                Purpose

    The purpose of H.R. 8649, the Transparency in Reporting of 
Adversarial Contributions to Education (TRACE) Act, is to help 
ensure that parents are aware of any foreign government's 
influence in their child's school and that parents can review 
any curriculum provided by a foreign government.

                            Committee Action


                             118TH CONGRESS

First Session--Hearings

    On September 19, 2023, the Committee's Subcommittee on 
Early Childhood, Elementary, and Secondary Education held a 
hearing on ``Academic Freedom Under Attack: Loosening the CCP's 
Grip on America's Classrooms.'' The purpose of the hearing was 
to examine the covert influence of foreign governments and 
organizations, particularly the Chinese Communist Party, on 
U.S. K-12 schools. Testifying before the Subcommittee were Mr. 
Michael Gonzalez, Senior Fellow, Heritage Foundation, 
Washington, DC; Ms. Gisela Perez Kusakawa, Executive Director, 
Asian American Scholar Forum, New York, NY; Mrs. Nicole Neily, 
President, Parents Defending Education, Arlington, VA; Mr. Ryan 
Walters, State Superintendent of Public Instruction, Oklahoma 
State Department of Education, Oklahoma City, OK.

Second Session--Hearings

    On May 8, 2024, the Committee's Subcommittee on Early 
Childhood, Elementary, and Secondary Education held a hearing 
on ``Confronting Pervasive Antisemitism in K-12 Schools.'' The 
purpose of the hearing was to discuss the proliferation of 
antisemitism in K-12 schools. During the hearing, Committee 
Chairwoman Virginia Foxx (R-NC) asked New York City Chancellor 
David Banks if foreign governments donate significant funding 
to NYC Public Schools. Chancellor Banks stated that the Qatar 
Foundation did, and he followed up after the hearing and 
confirmed that the Italian government and the Consulate General 
of the Republic of Korea contributed funding to NYC K-12 
schools. Testifying before the Subcommittee were Mr. David 
Banks, Chancellor, New York City Public Schools, New York City, 
NY; Ms. Karla Silvestre, President, Montgomery County Board of 
Education, Montgomery County Public Schools, Rockville, MD; Mr. 
Emerson Sykes, Senior Staff Attorney, American Civil Liberties 
Union, New York, NY; Ms. Enikia Ford Morthel, Superintendent, 
Berkeley Unified School District, Berkeley, CA.

Legislative Action

    On June 7, 2024, Representative Aaron Bean (R-FL) 
introduced H.R. 8649, the Transparency in Reporting of 
Adversarial Contributions to Education (TRACE) Act. The bill 
was referred solely to the Committee on Education and the 
Workforce. On June 13, 2024, the Committee considered H.R. 8649 
in legislative session and reported it favorably, as amended, 
to the House of Representatives by a recorded vote of 23-16. 
The Committee considered the following amendments to H.R. 8649:
          1. Representative Bean offered an amendment in the 
        Nature of a Substitute that clarifies LEAs must respond 
        to parent inquires in writing within 30 days. The 
        amendment was adopted by a recorded vote of 23-16.
          2. Representative Bobby Scott (D-VA) offered an 
        amendment that authorizes $300 million per year 
        starting in fiscal year 2025. The amendment failed by a 
        recorded vote of 16-23.

                            Committee Views

                              INTRODUCTION

    Over the last decade, the Chinese Communist Party has 
infiltrated American K-12 schools through grants, sister school 
partnerships, and other programming through an unassuming 
program called Confucius Classrooms, a trojan horse for China's 
propaganda.

                 CHINA'S ACTIVITY IN U.S. K-12 SCHOOLS

    The Chinese government's effort to forge ties with American 
schools is one facet of the Chinese Communist Party's (CCP) 
broader soft-power strategy to influence policy in nations 
throughout the world. The United States Senate Permanent 
Subcommittee on Investigations found that expanding Confucius 
Classrooms in the United States has been a top priority for the 
Chinese government.\1\ Many K-12 schools eagerly accepted CCP-
linked grants, which came with perks including fully funded 
teacher exchanges, Chinese language programs, and opportunities 
for American students to learn in China.\2\
---------------------------------------------------------------------------
    \1\China's Impact on the U.S. Education System--Permanent 
Subcommittee on Investigations.
    \2\Little Red Classrooms--Parents Defending Education.
---------------------------------------------------------------------------
    Confucius Classrooms are smaller-scale, K-12 versions of 
Confucius Institutes which the CCP has pushed for on U.S. 
college campuses. Confucius Institutes are established as 
partnerships between a host institution, a Chinese partner 
(usually a Chinese university), and a Chinese government 
agency. China's Ministry of Education Office of Chinese 
Language Council International funds each Confucius Institute, 
often at around $100,000 per year, and asks host institutions 
to match those funds with their own contributions.
    Confucius Institute funding comes with strings attached 
that compromise academic freedom. The Chinese government 
approves teachers, events, and speakers and requires teachers 
to sign contracts pledging they will not damage the national 
interests of China. The contracts make clear a Chinese director 
or teacher will be terminated if they ``violate Chinese laws'' 
or ``engage in activities detrimental to national interests'' 
and states that they must ``conscientiously safeguard national 
interests.''\3\
---------------------------------------------------------------------------
    \3\Microsoft Word--20190227 Chinas Impact on the US Education 
System (senate.gov).
---------------------------------------------------------------------------
    Many K-12 Confucius Classrooms developed as offshoots of 
university-based Confucius Institutes. China strategically 
deployed and rapidly expanded their Confucius Classrooms, going 
from very few in 2008 to more than a thousand worldwide by 
2017. More than 500 American K-12 schools have hosted Confucius 
Classrooms, aided in part by the Asia Society, an American 
nonprofit that previously ran a network of 100 Confucius 
Classrooms before they ended the partnership in 2021.\4\ A 
Parents Defending Education report tracked Chinese affiliation 
in 143 schools across 34 states--with at least seven still 
active today.\5\
---------------------------------------------------------------------------
    \4\Schools: Confucius Classrooms Network Online (asiasociety.org).
    \5\Little Red Classrooms--Parents Defending Education.
---------------------------------------------------------------------------

            OTHER COUNTRIES' INFLUENCE IN U.S. K-12 SCHOOLS

    While it appears that no other country has a program 
similar in scope and size to the CCP's propaganda campaign in 
American schools, other countries have also invested in 
language and cultural educational programs in American K-12 
schools.
    One notable example is Qatar. The Qatar Foundation, along 
with its subsidiaries like Qatar Foundation International and 
the Qatar National Research Fund, have been actively involved 
in influencing American K-12 education through financial 
partnerships with individual schools.\6\ From 2009 to 2017, the 
Qatar Foundation allocated $30.6 million to various schools 
across 12 U.S. states. The funds are predominantly directed 
towards facilitating Arabic language programs, and they cover 
expenses for teacher education, materials, and salaries. These 
contributions have taken various forms, from direct funds to 
professional development initiatives, such as teacher councils 
and language conferences. Additionally, there are instances of 
school districts, like the Tucson Unified School District and 
New Haven Public Schools, receiving substantial grants over 
multiple years.\7\
---------------------------------------------------------------------------
    \6\FARA_Memo_with_Exhibits_R-1.pdf (freebeacon.com).
    \7\FARA_Memo_with_Exhibits_R-1.pdf (freebeacon.com).
---------------------------------------------------------------------------
    Other countries have also made notable donations to U.S. K-
12 schools. After the May 8 subcommittee hearing on 
antisemitism in K-12 schools, New York City Public Schools 
Chancellor David Banks informed Committee staff that the 
Italian-American Committee on Education, which is connected to 
the Italian government, contributed $257,000 to New York City 
Public Schools in 2021-24. Chancellor Banks also reported that 
the Consulate General of the Republic of Korea in New York 
contributed $16,000 to support Korean instruction and 
programming in New York City Public Schools. It is unclear the 
extent to which these foreign ties had been publicized prior to 
the Committee's request for information.\8\
---------------------------------------------------------------------------
    \8\Documentation emailed from New York City Public Schools to 
Committee staff on May 22, 2024.
---------------------------------------------------------------------------

                               CONCLUSION

    It is unacceptable that foreign adversaries such as the CCP 
is attempting to influence U.S. K-12 schools. Congress should 
take immediate action to ensure that students are not being 
indoctrinated with communist propaganda. Congress should also 
take action to ensure that parents have the right to review and 
know of all curricula purchased or provided by a foreign 
country. This bill will help ensure that the Chinese government 
does not take advantage of local school districts and that 
parents have the right to be fully informed of what is 
happening in their child's schools.

                                Summary

    On June 7, 2024, Representative Bean introduced H.R. 8649, 
the Transparency in Reporting of Adversarial Contributions to 
Education (TRACE) Act. The bill requires that, as a condition 
of receiving funds under the Elementary and Secondary Education 
Act, a local educational agency must ensure that public schools 
provide each parent the right to review any curricular material 
provided or purchased with funds from a foreign government or 
foreign entity of concern. The bill also guarantees parents the 
right to know how many personnel at their child's school are 
compensated by foreign sources and about any donations or 
financial transactions between the school and a foreign 
government or foreign entity of concern.

                  H.R. 8649 SECTION-BY-SECTION SUMMARY

Section 1--Short title

     Names the bill the Transparency in Reporting of 
Adversarial Contributions to Education Act.

Section 2--Parents' right to know about foreign influence

     The bill requires that, as a condition of 
receiving federal financial assistance under any program under 
the Elementary and Secondary Education Act, a local educational 
agency shall ensure that each elementary and secondary school 
served by the district provides each parent of a child 
attending the schools the following rights:
           The right to review any curricular 
        material or professional development material purchased 
        using funds from a foreign government or foreign entity 
        of concern.
           The right to know how many personnel of 
        the school are compensated by a foreign government or 
        foreign entity of concern.
           The right to know of any donation or 
        agreement in writing between the school or local 
        educational agency and a foreign country or foreign 
        entity of concern.

                       Explanation of Amendments

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 8649 ensures that parents are notified of foreign 
influence in their child's public school. H.R. 8649 is 
applicable to federally funded elementary and secondary 
schools, and therefore does not apply to the Legislative 
Branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
estimate of mandates prepared by the Director of the 
Congressional Budget Office (CBO).

                           Earmark Statement

    H.R. 8649 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 8649 is to give parents the right to know about 
foreign influences in their child's public school.

                    Duplication of Federal Programs

    No provision of H.R. 8649 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

     Statement of Oversight Findings and Recommendations of   
                         the Committee 

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

            Required Committee Hearing and Related Hearings

    In compliance with clause 3(c)(6) of rule XIII the 
following hearing held during the 118th Congress was used to 
develop or consider H.R. 8649: On September 19, 2023, the 
Committee's Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing on ``Academic Freedom Under 
Attack: Loosening the CCP's Grip on America's Classrooms.''

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the cost estimate prepared by the Director of the 
Congressional Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



    Legislation Summary: On June 13, 2024, the House Committee 
on Education and the Workforce ordered to be reported eight 
bills and one joint resolution. This document provides 
estimates for seven of those bills and the resolution.
    Generally, the legislation would:
           Repeal a rule submitted by the Department of 
        Education relating to ``Nondiscrimination on the Basis 
        of Sex in Education Programs or Activities Receiving 
        Federal Financial Assistance;''
           Allow nurse practitioners and physician 
        assistants to diagnose, treat, and certify an injury 
        and extent of disability for the purposes of federal 
        workers' compensation;
           Require elementary and secondary schools and 
        institutions of higher education to meet new 
        requirements in order to maintain eligibility for 
        funding from the Department of Education;
           Prevent student athletes from being 
        considered the employees of an institution of higher 
        education; and
           Authorize appropriations for the educational 
        activities of the United States Holocaust Memorial 
        Museum.
    Estimated Federal cost: The estimated costs of the 
legislation fall within budget function 500 (education, 
training, employment, and social services).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2024. 
The estimated costs do not include any interaction effects 
among the pieces of legislation. If all seven bills and the 
resolution were combined and enacted as a single piece of 
legislation, the estimated costs could be different than the 
sum of the separate estimates, although CBO expects that any 
difference would be small.
    CBO estimates that implementing H.R. 8606 would cost $8 
million over the 2024-2029 period. Implementing the remaining 
bills and the joint resolution would each cost less than 
$500,000 over the same period. Any related spending would be 
subject to the availability of appropriated funds.
    H.J. Res. 165, a joint resolution providing for 
Congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Department of 
Education relating to ``Nondiscrimination on the Basis of Sex 
in Education Programs or Activities Receiving Federal Financial 
Assistance'': H.J. Res 165 would disapprove the rule submitted 
by the Department of Education relating to ``Nondiscrimination 
on the Basis of Sex in Education Programs or Activities 
Receiving Federal Financial Assistance,'' as published in the 
Federal Register on April 29, 2024.
    The rule amends title IX of the Education Amendments of 
1972 (title IX), which prohibits discrimination on the basis of 
sex in any education program or activity receiving federal 
financial assistance. The rule clarifies definitions related to 
sex-based discrimination and harassment and specifies the 
requirements for grievance procedures, and requirements for 
preventing sexual discrimination and remedying its effects.
    Institutions that fail to comply with title IX, as amended 
by the rule, could lose federal funding. However, CBO expects 
that institutions will comply with the regulations to avoid 
doing so. On that basis, CBO estimates that disapproving the 
rule would not affect institutions' eligibility for federal 
student aid.
    Based on the costs of similar activities, CBO estimates 
that implementing the resolution would cost less than $500,000 
over the 2024-2029 period. Any related spending would be 
subject to the availability of appropriated funds.
    H.R. 618, Improving Access to Workers' Compensation for 
Injured Federal Workers Act: H.R. 618 would allow nurse 
practitioners and physician assistants to diagnose, prescribe 
treatment, and certify an injury and the extent of disability 
for the purpose of compensating federal workers under the 
Federal Employees' Compensation Act (FECA). Using information 
from the Department of Labor, CBO expects that nonphysician 
providers would be compensated at the same rate as physicians 
and that total benefits provided to injured federal workers 
would not significantly change. Some people may receive 
treatment more quickly under the bill, which could increase 
costs over the 10-year period because some payments to medical 
providers that would have occurred in 2035 under current law 
could be paid in 2034. On the other hand, if injured workers 
receive treatment faster, some may return to work more quickly, 
which could reduce costs. CBO has no basis to estimate which 
effect would predominate, but we expect that those effects 
would roughly offset each other. Thus, CBO estimates that 
enacting H.R. 618 would affect net direct spending by an 
insignificant amount.
    The FECA payments are mandatory. The costs of those 
payments are charged to a claimant's employing agency, which 
reimburses the Department of Labor out of its salaries and 
expense accounts. Any effect on discretionary spending would be 
subject to future appropriation actions.
    H.R. 5567, CLASS Act: H.R. 5567 would require public 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to the department funds 
received or contracts signed with foreign sources that are more 
than $10,000.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    H.R. 6816, PROTECT Our Kids Act: H.R. 6816 would prohibit 
elementary and secondary schools that receive direct or 
indirect support from the government of the People's Republic 
of China (including Confucius Institutes), from receiving funds 
from the Department of Education.
    The 2018 National Defense Authorization Act prohibited 
institutions of higher education from using federal funding for 
Chinese language programs at Confucius Institutes. As a result, 
nearly all Confucius Institutes at postsecondary institutions 
have closed, according to a Government Accountability Office 
report released in 2023.\1\ On that basis, CBO expects schools 
would comply with the new requirements; thus, enacting the bill 
would not affect their eligibility to receive federal funds.
---------------------------------------------------------------------------
    \1\Government Accountability Office, China: With Nearly All U.S. 
Confucius Institutes Closed, Some Schools Sought Alternative Language 
Support, GAO-20-105981 (October 2023), www.gao.gov/products/gao-24-
105981.
---------------------------------------------------------------------------
    Based on the costs of similar activities, CBO estimates 
that implementing the bill would cost the Department of 
Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8534, Protecting Student Athletes' Economic Freedom 
Act: The bill would prohibit student athletes from being 
considered an employee of an institution based on the athletes' 
participation in a varsity intercollegiate athletic program or 
competition. Based on the costs of similar activities, CBO 
estimates that implementing the bill would cost the Department 
of Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8606, Never Again Education Reauthorization and Study 
Act of 2024: H.R. 8606 would authorize the appropriation of $2 
million each year from 2026 through 2030 for the Director of 
the United States Holocaust Memorial Museum to support 
education and training related to the lessons of the Holocaust. 
Under current law, the authorization of appropriations for 
those activities expires at the end of 2025. The bill also 
would require the Director to conduct a study on the 
educational activities being carried out at the state and local 
level. Assuming appropriation of the authorized amounts and 
using historical spending patterns for those activities, CBO 
estimates that implementing H.R. 8606 would cost $8 million 
over the 2024-2029 period and $2 million after 2029.
    H.R 8648, Civil Rights Protection Act of 2024: H.R. 8648 
would require any institution of higher education that receives 
federal student aid to make publicly available its process for 
addressing violations of title VI of the Civil Rights Act and 
any complaints received regarding alleged violations. The bill 
also would require the Assistant Secretary for Civil Rights at 
the Department of Education to give monthly briefings on 
violations specific to race, color, or national origin, and 
report the findings of institutional complaints.
    CBO expects institutions would comply with the new 
requirements; thus, enacting the bill would not affect their 
eligibility for federal student aid. Based on the costs of 
similar activities, CBO estimates that implementing the bill 
would cost the Department of Education less than $500,000 over 
the 2024-2029 period. Any related spending would be subject to 
the availability of appropriated funds.
    H.R. 8649, Transparency in Reporting Adversarial 
Contributions to Education Act: The bill would require 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to parents and the public 
any contributions received from foreign countries and the terms 
or conditions of such contributions.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting H.R. 618 would affect net 
direct spending by less than $500,000 over the 2024-2034 
period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting the joint resolution or any of the 
seven bills in this estimate would not increase net direct 
spending or deficits in any of the four consecutive 10-year 
periods beginning in 2035.
    Mandates: H.R. 8534 would impose an intergovernmental 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
by prohibiting states from designating varsity athletes of a 
school, conference, or association as employees of that entity. 
CBO estimates that the net costs of the direct effects of the 
legislation would not result in additional expenditures or 
losses in revenue; therefore, the cost of the preemption would 
not exceed the threshold established in UMRA for 
intergovernmental mandates ($100 million in 2024, adjusted 
annually for inflation).
    The bill would not impose a private-sector mandate as 
defined in UMRA.
    Enacting the legislation may result in other secondary 
effects on private entities by denying employment-related 
benefits to varsity athletes that they may otherwise have 
qualified for as an employee. However, CBO's estimate of those 
effects is subject to uncertainty because the question of 
whether athletes affected by the bill should be recategorized 
as employees of their institutions remains unsettled as court 
rulings, administrative decisions, and changes in policies of 
the National Collegiate Athletics Association are announced. 
What effect, if any, the bill would have on private entities 
would depend on the final adjudication of the matter.
    None of the remaining pieces of legislation contained in 
this estimate would impose intergovernmental or private-sector 
mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Meredith Decker 
(Department of Labor); Leah Koestner (Department of Education); 
Susanne Mehlman (United States Holocaust Memorial Museum); 
Garrett Quenneville (Department of Education). Mandates: Erich 
Dvorak, Brandon Lever, and Grace Watson.
    Estimate reviewed by: Elizabeth Cove Delisle, Chief, Income 
Security Cost Estimates Unit; Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 8649. 
However, clause 3(d)(2)(B) of that Rule provides that this 
requirement does not apply when, as with the present report, 
the Committee adopts as its own the cost estimate for the bill 
prepared by the Director of the Congressional Budget Office.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

               ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                                 1965

           *       *       *       *       *       *       *

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
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                     Title VIII--General Provisions

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                       Part F--Uniform Provisions

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                       Subpart 2--Other Provisions

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Sec. 8549D. Parents' right to know about foreign influence.

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                    TITLE VIII--GENERAL PROVISIONS

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                      PART F--UNIFORM PROVISIONS

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                     Subpart 2--Other Provisions

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SEC. 8549D. PARENTS' RIGHT TO KNOW ABOUT FOREIGN INFLUENCE.

  (a) In General.--As a condition of receiving funds under this 
Act, a local educational agency shall ensure that each 
elementary school and each secondary school served by such 
agency provides to each parent of a child attending the school, 
at a minimum--
          (1) the right (in a manner consistent with copyright 
        law) to review, and make copies of free of cost, at 
        least every four weeks and not later than 30 days after 
        submission of a written request by the parent, any 
        curricular material or professional development 
        material used at the school that was purchased, or 
        otherwise obtained, using funds received from the 
        government of a foreign country or a foreign entity of 
        concern;
          (2) the right to know, by written response provided 
        not later than 30 days after submission of a written 
        request by the parent, how many personnel of the school 
        are compensated, in whole or in part, using funds 
        received from the government of a foreign country or a 
        foreign entity of concern; and
          (3) the right to know, by written response provided 
        not later than 30 days after submission of a written 
        request by the parent, of--
                  (A) any donation received by the school or 
                local educational agency from a foreign country 
                or a foreign entity of concern;
                  (B) any agreement in writing (such as a 
                contract or memorandum of understanding) 
                between the school or local educational agency 
                and a foreign country or a foreign entity of 
                concern; and
                  (C) any financial transaction between the 
                school or local educational agency and a 
                foreign country or a foreign entity of concern.
  (b) Donations, Agreements, and Financial Transactions.--The 
information described in subsection (a)(3) shall include, at 
minimum, the following:
          (1) The name of the foreign country or foreign entity 
        of concern.
          (2) In any case in which funds were received by the 
        school or local educational agency from a foreign 
        country or a foreign entity of concern--
                  (A) the amount of such funds; and
                  (B) any terms or conditions applicable to the 
                receipt of such funds.
  (c) Notice of Rights.--At the beginning of each school year, 
a local educational agency receiving funds under this Act shall 
ensure that each elementary school and each secondary school 
served by such agency posts on a publicly accessible website of 
the school or, if the school does not operate a website, widely 
disseminates to the public, a summary notice of the rights of 
parents described in subsections (a) and (b).
  (d) Notification of Requirements.--At the beginning of each 
school year, the Secretary shall notify State educational 
agencies about the requirements of this section. As a condition 
of receiving funds under this Act, State educational agencies 
shall, at the beginning of each school year, notify local 
educational agencies of the requirements of this section.
  (e) Definitions.--In this section:
          (1) The term ``foreign country'' means a foreign 
        country or a dependent territory or possession of a 
        foreign country. Such term does not include any of the 
        outlying areas.
          (2) The term ``foreign entity of concern'' has the 
        meaning given such term in section 10612(a) of the 
        Research and Development, Competition, and Innovation 
        Act (42 U.S.C. 19221(a)).

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                             MINORITY VIEWS

                              INTRODUCTION

    H.R. 8649, the Transparency in Reporting of Adversarial 
Contributions to Education Act, requires local educational 
agencies (LEAs) and individual schools to provide parents with 
the opportunity to: (1) access curriculum and staff 
professional development materials provided by a government of 
a foreign country (foreign government) or foreign entity of 
concern; (2) know how many school staff have been paid, in 
whole or part, by a foreign government or foreign entity of 
concern; and (3) know of any donation to, written agreement 
with, or financial transaction between the school or LEA and a 
foreign government or foreign entity of concern and related 
details.\1\ The Majority claims the bill ``solidifies the 
rights of parents to know how foreign funding is impacting 
their child's classroom and adds a layer of deterrence to keep 
foreign nations from reaching America's youth.''\2\ Yet, the 
Majority has not proven any local school system has allowed 
foreign influence to exist in elementary and secondary public 
schools. Instead, the bill would feed into baseless claims 
encompassed in the Majority's self-created culture wars and 
raises a number of administrative questions and concerns for 
public schools.
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    \1\Transparency in Reporting of Adversarial Contributions to 
Education Act, H.R. 8649, 118th Cong. (2024).
    \2\Press Release, Rep. Aaron Bean, Congressman Bean Safeguards K-12 
Schools from Foreign Adversaries (June 10, 2024), https://
bean.house.gov/media/press-releases/icymi-congressman-bean-safeguards-
k-12-schools-foreign-adversaries.
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                          SUMMARY OF CONCERNS

H.R. 8649 Claims to Provide Parents with Rights, But in Reality  
    Feeds into Culture Wars
    While the Majority claims a desire to provide parents with 
information on foreign governments and foreign entities of 
concern allegedly impacting their students' education, H.R. 
8649 is another attempt to feed into culture wars. Earlier this 
Congress, the House passed H.R. 5, the Parents Bill of Rights 
Act, which the Majority claimed would ``put in place concrete 
legal protections that will ensure parents always have a seat 
at the table when it comes to their child's education.''\3\ 
But, as pointed out in the Minority Views accompanying that 
bill to the House floor, the Majority ignored the fact that the 
bill was ``largely duplicative of current law, lacks clarity in 
how its provisions will actually address students well-being, 
and stands as an example of the type federal overreach 
Congressional Republicans have long claimed would harm 
children, teachers and schools.''\4\ It is worth noting that 
pursuant to a law that already applies to entities that receive 
U.S. Department of Education funding and awards, parents 
currently have the right to inspect instructional materials 
pertaining to their child's classes.\5\ But H.R. 8649 permits 
parents to inspect and copy--at unlimited cost to the school--
any instructional materials or professional development 
materials that the school purchased or obtained using funds 
from a foreign government or foreign entity of concern.\6\
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    \3\Press Release, Rep. Julia Letlow, Letlow Introduces Parents Bill 
of Rights (Mar. 1, 2023), https://letlow.house.gov/media/press-
releases/letlow-reintroduces-parents-bill-rights.
    \4\H.R. Rep. No. 118-9, at 48 (2023), https://www.congress.gov/
congressional-report/118th-
congress/house-report/9/1?s=5&r=1&q=%7B%22search%22%3A%22hr+5%22%7D.
    \5\20 U.S.C. Sec. 1232h.
    \6\This significantly broadens the information that parents may 
access beyond information pertaining to their own child under GEPA. In 
addition, even with that expansion, as written, the bill does not 
include the right to inspect and copy donated materials for which funds 
were not used.
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Foreign influence has not posed a threat to K-12 classrooms
    The Majority claims H.R. 8649 is necessary because 
``foreign adversaries . . . are systematically and aggressively 
attempting to influence our nation's elementary and secondary 
schools''\7\. But the most common example of foreign influence 
in schools that the Majority cites are Confucius Classrooms.
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    \7\Press Release, Rep. Aaron Bean, supra note 2.
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Chinese influence has not posed a threat to Elementary and Secondary 
    classrooms
    Confucius Classrooms, which are affiliated with Confucious 
Institutes, are centers for Chinese culture and language 
established at public and private elementary and secondary 
schools--either to bolster a Chinese program already at the 
school or to start a new one.\8\ Over nearly five years, the 
number of Classrooms has dropped from more than 500 to 
currently no more than 16.\9\ Many countries around the world 
lack quality Chinese language and culture resources and 
Confucious Institutes and Classrooms provide those resources 
for free.\10\ Experts have summed up the current state of these 
programs, saying ``[t]he harsh reality is that Confucius 
Institutes/Confucius Classrooms stepped up to fulfill a need 
that governments were not--and they were happy to accept a 
`freebie,' . . . Now that Confucius Institutes have been 
tainted by wider distaste and suspicion of the Chinese 
government, this `freebie' now has a cost.''\11\
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    \8\China's Impact on the U.S. Education System: Hearing Before the 
Subcomm. on Investigations of the S. Comm. on Homeland Security & 
Governmental Affairs, 116th Cong., 90,147 (2019).
    \9\Confucius Institutes Around the World--2024, Dig Mandarin (Mar. 
20, 2024) https://www.digmandarin.com/confucius-institutes-around-the-
world.html; Beth Wallis, Tulsa Public Schools ended Chinese language 
program weeks before Oklahoma Superintendent's Congressional testimony, 
National Public Radio KOSU (Sept. 29, 2023) https://www.kosu.org/
education/2023-
09-29/tulsa-public-schools-ended-chinese-language-program-weeks-before-
oklahoma-superintendents-congressional-testimony; Little Red Classrooms 
China's Infiltration of American K-12 Schools, Defending Ed. (Jul. 26 , 
2023). https://defendinged.org/investigations/little-red-classrooms-
china-infiltration-of-american-K-12-schools/.
    \10\Lin Yang, Controversial Confucius Institutes Returning to U.S. 
Schools Under New Name, VOA News, (June 27, 2022). https://
www.voanews.com/a/controversial-confucius-institutes-
returning-to-u-s-schools-under-new-name/6635906.html.
    \11\Id.
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    Parents Defending Education (PDE), a right-wing non-profit 
organization, published a report in July 2023 entitled, 
``Little Red Classrooms: China's Infiltration of American K-12 
Schools.'' The report alleges undue Chinese influence in 
America through the existence of Confucius Institutes, 
Classrooms, and related ``programming'' that currently exists 
or previously existed in public schools across the United 
States, including in areas near U.S. military bases.\12\ 
Despite the claims in the report, Committee Democratic staff 
have been unable to locate credible evidence to support either 
the claims made by the Majority's and PDE's that there is 
inappropriate and undue foreign influence in our nation's K-12 
public schools. In 2019, the Senate Committee on Homeland 
Security and Governmental Affairs' Permanent Subcommittee on 
Investigations held a hearing entitled ``China's Impact on the 
U.S. Education System''. The hearing was held the day after the 
Committee released a bipartisan staff report with the same 
title.\13\ While the staff report made recommendations that 
schools should ensure that Chinese partnership organization's 
``vetting, screening and interview processes are aligned with 
their own hiring protocols and procedures''\14\ and that ``the 
State Department should demand reciprocal and fair treatments 
of its diplomats and employees in China.''\15\ the Committee 
did not find security risks or curriculum vulnerability, as 
claimed by the Majority.
---------------------------------------------------------------------------
    \12\Little Red Classrooms China's Infiltration of American K-12 
Schools, Defending Ed. (Jul. 26, 2023) https://defendinged.org/
investigations/little-red-classrooms-china-infiltration-of-
american-K-12-schools/.
    \13\China's Impact on the U.S. Education System, supra note 8.
    \14\Id. at 91.
    \15\Id. at 92.
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H.R. 8649 Includes Severe Penalties for Public School Systems
    Failure to comply with the requirements of H.R. 8649 could 
cause public school systems and states to lose their funding 
from the Elementary and Secondary Education Act (ESEA), 
including the Title I-A program. Specifically, the bill 
conditions receipt of ESEA program funds on meeting the 
requirements of the bill. Each LEA is responsible for making 
sure that each school in the LEA posts or disseminates 
information about these rights at the beginning of every school 
year. It also requires state educational agencies (SEAs) to 
notify LEAs of these requirements at the beginning of every 
school year. By conditioning ESEA funds to LEAs and SEAs on 
meeting the requirements in the bill, H.R. 8649 contains severe 
penalties for districts and states that fail to implement the 
requirements of the bill correctly, whether intentional or 
accidental. 

H.R. 8649 Raises Significant Administrative Concerns for Public 
    Schools   
    As written, H.R. 8649 will cause confusion for public 
schools as they seek to follow the law. With respect to staff 
compensation, it is unclear whether the bill only applies to 
staff compensation that is provided by the school using funds 
the school received from a foreign government or foreign entity 
of concern or if it applies, for instance, to a volunteer 
compensated directly by a foreign government or foreign entity 
of concern without a school's knowledge. Further, while the 
obligation to provide information about donations, agreements, 
or financial transactions rests with the school, schools are 
often not aware of donations, agreements, or financial 
transactions made at the LEA level, and the bill does not 
require LEAs to share that information with schools.
    Additionally, the bill does not provide a clear definition 
for ``foreign country.'' This sets a dangerous precedent by 
leaving it to LEAs and schools to decide what constitutes a 
foreign country and inviting them to engage in international 
diplomacy. It is also unclear in what instances an LEA or 
school will need to determine whether there is any involvement 
by a foreign government or a ``foreign entity of concern''. The 
bill is also silent as to how to make such a determination, or 
how to assess whether any entity the LEA or school works with--
U.S. or otherwise--has substantial operations in another 
country. Learning how to assess and make these determinations 
and ensure that anyone authorized to spend money is aware of 
the requirements in the bill will require significant training, 
professional development, and cost. Moreover, it is unclear 
whether every contract (new and existing) for food, tutoring, 
textbooks, janitorial services, trash collection, recycling, 
etc. would need to undergo such examination. The bill is also 
not specific about whether such an examination to ensure 
compliance would need to focus on each individual employee or 
only key decision-makers at the entity providing services.
    Finally, it is worth pointing out that H.R. 8649 could have 
a chilling effect on SEAs, LEAs, and schools engaging in 
international and cultural exchange opportunities because they 
often require some coordination with foreign governments 
(through U.S. consulates).

        DEMOCRATIC AMENDMENT OFFERED DURING MARKUP OF H.R. 8649

    Ranking Member Bobby Scott (D-VA) put forward an amendment 
to provide funds to assist with the administrative burden of 
complying with the bill. Significant effort may need to be 
expended to investigate existing and new contracts, to 
determine whether existing or potential business partners are 
foreign governments or ``foreign entities of concern'', to 
create and maintain systems to keep track of all the new 
information and respond to inquiries and to train staff in each 
school on the ways to report to be in compliance with the bill. 
This amendment authorizes $300 million for fiscal year 2025 and 
each subsequent fiscal year to carry out the requirements in 
the bill.\16\ Committee Republicans rejected this amendment on 
a party-line vote.
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    \16\According to the National Center for Education Statistics in 
the Institute of Education Sciences at the U.S. Department of 
Education, there were 99,388 public elementary and secondary schools 
for the 2022-2023 school year. NCES, Digest of Education Statistics 
tbl. 216.10 (2023), https://nces.ed.gov/programs/digest/d23/tables/
dt23_216.10.asp. Three hundred million dollars would provide $3000 per 
year to each of those schools to offset the costs of compliance. In 
reality, the administrative burden this bill poses could easily require 
a full time administrative staff person at each school. Providing a 
modest salary of $50,000 to each of those schools for such a position 
would cost approximately 5 billion dollars.
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                               CONCLUSION

    H.R. 8649 is a solution in search of a problem. While the 
Majority claims that some foreign countries seek to influence 
our nation's students, there is no credible evidence proving 
such a claim. Yet, they use the bill to feed into baseless 
arguments that parents do not have rights. Additionally, the 
bill raises a number of administrative questions and concerns 
for public schools. For the reasons stated above, we urge the 
House of Representatives to oppose H.R. 8649.
                                   Robert C. ``Bobby'' Scott,
                                           Ranking Member.
                                   Gregorio Kilili Camacho Sablan,
                                   Suzanne Bonamici,
                                   Mark Takano,
                                   Mark DeSaulnier,
                                   Pramila Jayapal,
                                           Members of Congress.

                                  [all]